Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928354654.pdf (Sierra Leone)
vq ed I 3 Air Services Agreement Between the Government of the Republic of Sierra Le one and the Government of the kingdonr of Morocco I Jr !
;t5it ottf., f i The Govemment of the Republic of Siena Leone and the Govemment of the Kingdom of Airrrocco hereinalter, refereed as "the Contracting Parties "; Dcsiring to promote an intemational aviation system based up on loyal competition among airlines; Dcsiring to favour the rise of intemational air transport, by putting air transport nelworks giving ail selvices which are able to meet the necds ofthe tlavelling and shipping public; Desiring to make it possible for airlines to offer the travelling and shipping public competitive prices and services in open markets; Desiring to ensure the highest degree of slfely and security in intemational air transport, and realfirming their profound concern about acts and lfueats against the safety of Civil Aviatiou, rvhich jeopardise the safety of pcrsons or property, injure thc operation of air transportation, arrd undermine public confidence in the security of civil aviation ; and Being Parlies to the Convention on International Civil Aviation opened for signan:re at Chicago on December 7,1944i I{ave agreed as follows: ., :t i1j !
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'i I Article l: Definitions For the purposes of this Agreement, the term: a.

"Conveniion" means the Convention on Intemational Civil Aviation, opened for signature at Chicago on December '7, 1944, and includes any annex thereto adopted under article 90 of the Convention and any amendment to the latter or its annexes, adopted under arlicles 90 and 94 of the Convention insofar as such amendments and annexes has been ratified or adopted by the Contracting Parties; b.
"Agreemelt" means this Agreement, it's Annexes, and any amendments thereto; ('Aeronautical c. authorities" means: in the case of the Republic of Sierra Leone, the Minister responsible for Civil Aviation; and in the case of the Kingdom of Morocco, the Minister responsible for Civil Aviation; and in the two cases any person or body authorized to perform civil aviation functions or similar functions ; d. "Agreed seryices, means the air services established on the specified routes pursuant to the Annex to the present A$eement; e. "Air service", "intemational air service", "airline" and "stop for nontraflic puposes" have the meaning respectively assigned to them in article 96 ofthe Convention; f. "Designated airlines" mears an airline or airlines designated by one Contracting Party and authorized by the other Contracting Party in accordance with Article 3 of this Agreement; g. "Aircraft equipments", "stores", and "spare parts" have the meaning respectively assigned to them in aru1ex 9 ofthe Convention; h. "Specified routes" means routes specified in the Arurex to the present Agreement; i.
"Tariffs" means the prices to be paid for the carriage ofpassengers, baggage, cargo and the conditions under which these prices apply, including prices, commissions ald conditions of agency and other auxiliary services, but excluding remuneration and conditions for the cauiage ofrnail; k." Tenitory" means in relation to a State the land areas, internal waters, and territorial seas adjacent thereto under the sovereignty ofsuch State.

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'_': 2 \ i Article 2: Grant of traffic rights 1.

Each Contracting Party grants to the other Contracting Party the rights specified in rhe prescnt Agreement for the conduct ofinternational air transportation on the routes speci{'ied in the appropriate section ofthe Annex to the present Agreement.
Subject 10 the dispositions of the presenl Agreement, the airline designated by each contracting Party, during the conduct ofinternational air services, enjoys the following lights: a. the right to fly across its teritory without landing; b. the right to make stops in its teritory for non-traffic purposes, and c. to make stops in the said tenitory at the points specified for that route in the Alnex to this Agreement for the purpose of putting down and taking on intemational tmtlic passengers, cargo and rnail, separately or in combination; 2.
Nothing in this Article shall be deer:red to confer on the airline ofone Contracting Party the rights to take on board, in the territory of the other Contracting Party, passengers, their baggage, cargo, or mail carried for compensation and destinated for another point in the tenitory of that other Contracting Party.

Article 3 : Designation and authorization of exploitation 1.
Each Contracting Party has the right to designate one or more airlines as it wishes for the conduct of international air transportation in accordance with the present Agreement.

These designations specify whether the airline is authorized to exploit the agreed services on the routes specified in the Annex lo the present Agreement.

2.
2.

On receipt of such a designation, and of applications from the designated airline for operating authorizations, the other Contracting Party shall grant appropriate authorizations rvith minirnum procedural delay, provided: a.

Substantial ownership and effective control ofthat airline are vested in the Contracting Party designating the airline, nationals ofthat Contracting Party, or both, b.
'Ihe designated airline is holder of air operator certificate or any other equivalent document which is valid in accordance with the regulation in force of the Contracting Party designating the airline.
c. The designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of intemational air transportation by the Contracting Party considering the application or applications, and d. the Contracting Party designating the airline in mainkining and administering the standards set forth in article Il (Air Safety) and article 12 (Aviation security) of the present Agreement.

J Article 4 : Revocation of the authorization of exploitation 1.
Either Party reserves the righr to rcvoke, suspend or limit the operating authorizations olan airline designated by the other Contracting Party where: a.

Substantial ownership ard effective control of that airline arc not vested in the other Party; the Party's nationals, or both, b. the designated airline is not holder of air operator certificate or any other equivalent document which is valid in accordance with the regulation in force of the Party designating the airline.
o. that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of laws) of this Agreement, or d. the other Party is not maintaining nor administering the standards as set forth in Article 11 ( Air Safety).

2.

Unless irnmediate measures are essential to prevent further non compliance with palagraph I points c and d, the rights established by this Article shall not be exercised unless afler consultation with aeronautical authorities ofthe other Contracting Party.
Article 5 : Application of laws and regulations l. The laws and regulations olone Contracting Party relating to admission for, flight within or depaflure llom its territory of an aircraft of its designated airline(s) engaged in intemational air navigation, or to the operation or navigation of such aircraft while with.in its territory, apply to the aircraft of designated airline(s) of the other Contracting Party and shall be complied with by such aircraft upon entering or departing from or while within the teritory of that Contracting Party.
2.The larvs and regulations of one Contracting Party relating to admission for, slay in, or departure from its territory of passengers, baggage, crew, cargo or mail, such as laws and regulations relating to entry, exit, emigration, immigration, passports as well as customs and health or sanitary measures, apply to passengers, baggage, crew, cargo and mail carried by thc aircraft ofthe designated airline(s) of the other Contracting Paffy upon entry into or departure from or while within the territory ofthe first Contracting Party.
3. ln a general way, in the application of laws and regulations in force, neither Contracting Pafiy shall give preferences to its own intemational airlines in comparison with an airline designated by the other Contracting Party.

Article 6 : Exploitation of air services l. Each Contracting Party shall ailow a fair and equal opportunify for the designated airlines of both Contracting Parties to compete in providing the international air services governed by this Agreement.

1 2.
1 2.

Each Conlracting Party shall authorize the designated airlines of the other Contracting Party to determine the frequency and capacity of the International Air Transportation it wishes to offer based upou commercial considerations in the marketplace.
Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft t)?e or types operated by the designated airlines of the other Contracting Party, except as may be required for customs, technical operational, or environmental reasons under uniform conditions consistent with Article l5 ofthe Convention.

Article 7 : Commercial activities I .


Each Conlracting Party shall grant to the designated airline(s) of the other Contracting Piuty the right to maintain in its own tenitory representation with the technical, administrative and commercial personnel indispensable for its operations.

2.
2.

For the operation of its ser"vices, the designated airline(s) shall have the riglrt to employ technical, administrative and cornmercial personnel of its o*m nationality subject to the laws and regulations in force in the country in which this personnel is to be employed.

3.

Each designated airline has the right to proceed to the sale of air transport tickets on the other Contracting Pa]1y territory directly and, as one likes, by the intermediate of its agents.
These sales must be operated in the local curency or in convertible currencies.

4.

Each Contracting Pafiy grants to the designated airline(s) of the other Contracting Par1y, the right of free transfer ofthe excess ofreceipts over expenditure eamed by the designated airline(s) in the tcrritory ofsuch Contracting Party in connection with the carriage ofpassengers, baggage, t:argo and rnail, as well as from any other activities related to air transport ri,hich may be permitted under national regulations.
Such transfers shall be eflected at the rate of exchzurge in accordance with the respective applicable national laws and regulations goveming current payments, but where there is no official exchange rate such transfers shall be effected at the prevailing foreign exchange market rale fbr cunent payments.

j.

In the evenl that the fomr ofpayment between the Contracting Parties is governed by a special agreement, such an agreement will apply.

6.
6.

The designated airlines of each Contracting Party have the right to enter cooperative nrarketing arrangements such as blocked space, code sharing or leasing arrangement with an airline or airlines of a either Contracting Party or airlines of a third country, provided thal the airlines have the appropriate authorization of exploitation.

Article8:Usercharges l .


When utilising the installations, airport services, equipments and services of air navigation ofl-ered by one contracting Party, the charges imposed on the designated airline of the other contracling Party must be fair', transparent and reasonable.

They should no exceed those irnposed on rhe uational aeronefs rvhich exploit sinilar internatioDal regular services.

5 2.
5 2.

Every contracting Party encourages the competent authorities which establish charges to irilbrm users rvith a notice of at least three months, of every chargeS modificalion, in ordel lo er-Lable them to express their point ofvie*,before the application ofthese modifications.
Article 9 : Tt rifl's l. the designated airlines fix lieely their tarifli and endeavour to practice reasouable tadi'ls with dr:e regald being paid to all relevant factors, especially users interests, cost of exploitation service characteristics, commission rates, a reasonable protit and all other commercial oonsideration in the market.

2.
2.

Talifls established by the designated airlines of the two Contracting Parties nust be subnritted to dre aeronautical authorities fifteen (15) days before their application.

i.

.,\eronautical authorities shall give particular attention to tarifls which may be inadmissible because they seenr excessively discriminatory, high or restrictive due to abuse of a dontinarnt position or artificially low due to direct or indirect, excessive subsidy.

4.
4.

Mren the aeronautical authority of one oJ the Contracting Parties feels that a tarill ol the transport to its territoly enter in the categories described in paragraph 3 of this article, it shall notily its disapprobation to the aeronautical authority of the other Contracting Party as early as pcssible or at the latest fifteen (15) days after the receptior ofthe notification ofthe tariff.

5.
5.

Each Contracting Party may request consultation regarding any tariff of an airline of either' Paty for services covered by this Agreement, including where the tariff concerned has bcen subject to a notice of dissatisfaction.

Such consultations shall be held not later tharr fifleen (15) Jrvs alier receipt of the request.

The Contracting Parties shall use their best efforts to find a :;olution.
Article I0 : Recognition of certificatcs arrd licences Certificates of air worthiness, certificates of competency and licences issued or rendered valid by one Contracting Party and still in force shall be recognised as valid by the other Contractiug Party for the purpose of operating the routes specified in the Aanex to the plesent A.greement, provided that the requirements under which such certificates and licences were issued or rendered valid are equal to or above the minimum standards which may be estublished prrrsuant to the Convention.
Ilirch Contlacting Party reserves the righi, however, to refuse to recognize as valid for the purpose of flights above within its own territory, certificates of competsncy and licences gre,nted to its own nationals by the other Contracting Party or by any other State.

5 ..\rticlc ll : Air safetv 1.


Each Contracting Party may request consultations at any time conceming the safety standatds maintained by the other Contracting Party in areas relating to aeronautical installations and services, flight crew, aircraff and the operation ofaircraft.

Such consultations shall take place within thirty (30) days ofthat request.

2.
.lf lbllowing such consultations , one Contracling Parry finds that the other Contractiug Pitrty does rot effectively adopt, maintain, nor administer safety standards in the areas Ieferred to in paragraph 2 that meet the standards established at that time pursuant to the Oonvention on International Civil Aviation, the other Contracting Party shall be informed ol sLrch lindings and ofthe steps considered necessary to conlorm with the ICAO standalds;The olher Contracting Party shall then take appropriate colTective actions which must be taken within an agreed and reasonable time period.
3.

Pursuant to article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an airline of one Contracting Par-ty, on service to or fron.r the territory of anorher Contracting Party, may, rvhile within the territory of the other Contracting Party be thc subject of a search by the authorized representatives of this other Contacting Party, provided this does not cause unreasonable delay in the opcration of the aircraft.
Notwithstanding the obligations mentioned in Article 33 of the Chicago Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the Iicensing of its crew, and that the ailcrafl equipment and the condition ofthe aircraft conform to lhe standards established at that time pursuant to the Convention.

4.
4.

When an urgent action is essential to ensure the safety of an airline operation, each Contracting Party reserves the right to immediately suspend or change the operating autl.roriza{itrn of an airline or airlines oflthe other Contractirlg Party.

5.

Any actiol apptied by one Contracting Party in accordance with paragraph 5 above shall be disi:ontinued once the basis for the taking ol that action ceascs to exist.

5.
5.

With let'erence to paragraph 2 above, ilit is determined that one Contracting Party remains in non-complianoe with ICAO standards when the agreed time period has lapsed, the secretary general of ICAO should be advised thereof The latter should also be advised of the subsequent satisfactory resolution of the situation.
Article I2: Aviation securig, l. Consistent with their rights and obligations under international law, the Contracting Parlies rclltlrnr thal their obligation to each other to protect the secuity of civil aviation against acts ol unlau,firl inlsrference forms an integral part of this Agreement.
Withour limiting the generality of their rights and obligations under intemational law, the Conlracting Parties shall in particular act in conformity rvith the provisions of the Convenlion on Offences and Certain Olher Acts Cornmittecl on Board Aircraft signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on l6 December 197O, the Convention for the Suppression of Ullawful Acts against the Safety of Civil Aviation, signed at Moutreal on 23 September l97l and the protocol fbr the Suppression of Unlawful Acts of violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 7 1988, the Convention on the Making of Plastic Explosives for the Purpose of Detection, signed at lvlontreal r-rn I March l99l insofar as the two Contracting Parties are both two parties to these conventions as well as any other convention and protocol relating to the secudty ofcivil aviation u,hich both Contracting Parties shall adhere to.
2.

The Cor.rtracting Pardes shall provide upon request all necessary assistance to each other to prevcnt acts of r"rnla*firl seizure of civil aircraft and other unlawful acts against the safety ofsuch aircraft, their passengers ard crew, airports and air navigation facilities, ard any other threat to lhc security of civil aviation.

3.
'fhe Contlacting Parties shall, in their mutual relations, act in conformity with the aviation sccur-ity provisions established by the International Civil Ayiation Organisation and designated as Alrnexcs to the Convention on Intemational Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties ; they shall require that operators of aircrall of their registry, or operato$ of aircraft who have their principal place ofbusiness or perrnanent residence in their teritories , and the operators of airports in their tenitories, act in conformity rvrth such aviation securiry provisions.
4.

Each Contlacting Parfy agrees drat such operators of aircraft are required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party to entry into, departure from, or while within, the territory ofthe other Contracting Party.
Each Contracting Party shall ensure that adequate measures are effectively applied within its terlitory to prolcct the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircralt stores prior to and during boarding or loading.

Each Contracting Party shall also give syrnpathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

5.
5.

When an incident or threat ofan incident of unlawfrrl seizure of civil aircraft or other unlaw'iul act against the safety of such aircraft, their passengers and crew, airports and air navigation tacilities occurs, the Contracting Parties shall assist each other by facilitating communications ard other appropt'iate measures intended to terminate rapidly and safely such incident or threat thcreol.
Article I3 : Exemption from customs duties and other taxes l. Aircraft operated, for the agreed sen ices, by the designated airline(s) of either Contracting Pany, as well as any aircraft equipment, supplies of fuels and lubricants, and aircraft stores (irclLrding fbod, beverages and tobacco) on board such aircraft are exempt from all customs duties, inspection fees and oflier similar charges on arriving in the tenitory of the other Contracting Party, provided that such equipment, supplies and stores remain on board the aircraft up to such time as they are re-exported or are used on the part ofthe joumey performed over that terTitory.
2.
Subject to paragraph (3) of the present Article, they are also exempt from customs dtrties, inspection fees and similar charges, with the exception of charges conesponding to the services perfonned: a. aircralt stores taken on board in the territory of a Contracting Party; within limits fixed by the aeronautical authorities of tlut Contracting Party, and for use on board outbound aircraft engaged on an agreed service of the other Contracting Party; 8 b. spare parts introduced into the territory ofeither Contracting Party for the maintenance or repair of aircrafts used, for the agreed services, by the designated airline(s) of the other Contracting Party; c. fuel and lubricants to be supplied to an inbound / transiting/ outbound aircmft operated, on agreed services, by the designated airline(s) of the other Contracting Party, even when such supplies are to be used on the part of the joumey performed over the territory of the Contlacting Party in which they are taken on board.
3.

Materials and supplies refened to in paragraphs 2 (a), (b) and (c), are subject to customs stuveillmce or cotrtrol, of the two Contlacting Parties.

4.

Ilaggage and cargo in direct transit are exempt from customs duties and other similar taxes provided that these will be under customs surveillance or control.

5.
'fhc rcgular airbome equipment, as well as the nraterials and supplies retained on board an ailcraft of the designatcd airline(s) ol either Contracting Pafiy, may be unloaded in the tenitory ofthe other Contracting Party only with the approval of the customs authorities of that otlier Contracting Party and such customs authorities may require that such equipment, materia.ls and supplies be placed under their surveillance up to such time as they are re-exported or otherwise disposed of in accordance with customs laws and regulations.
Article 14 : Place of taxation 'fhe revenue derived from intemational traffic operations by an airline designated by a Contmcting Party, will be taxable only in the State where the headquarters ofthe said designated airline is situated.
Article l5 : Adaptation to multilateral convention Il any multilateral convention agreed upon by the two Contracting Parties and teats questions raised by flre present Agreement; the relevant dispositions of such convention replace the corrcspondent dispositions of the present Agreement.
Article l6 : Exchange of information The aerornutical authorities of each Contracting Party shall provide to ttre aeronautical aulhorities of t\e other Contracting Party, on request information relating to the traffic carried on the appeed services by the respective designated airline(s).

Such information shall include statislics and other information required in detemining the amount of traffrc canied by those airlines on the agreed services.

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\ Article l7 : Settlement of disputes 1.

If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by direct negotiations.

2.

If the Contracting Parties fail to reach a settlement by direct negotiations, they may refer the dispute for decision to some person or competent body from a third State.

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If a settlenrent cannot be reached by the aforementioned methods, the dispute shall, at the lequcst ofeither Contracting Party, be submitted for decision to a tribunal (hereinafter called the "Arbitral Tribunal") consisting of three arbitrators, one to be appointed by each Contracting Party rurd the third to be appointed by the two so appoiuted.

4.
4.

Each of the Contracting Parties shall appoint an arbitrator within a period of sixty (60) days liom the date of receipt by either Contracting Party from the other of a notice through the tiiplouratic channel requesting arbilration of the dispute by the Arbitral Tribunal and the third lrbitrator shall be appointed within a fu(her sixty (60) days.
If either ofthe Contracting Parties l'rils to appoint a.n arbitrator within the specified period or if the third arbitrator is not appointed within the specified period, the President of the Council of the International Civil Aviation Organisalion rnay be requested by either Conhacting Party to appoint an arbitrator or arbilrators rrs the case requires.
-the third arbitrator designated under paragraph (3) as well as the arbitrat<-rr designated under 5. puragraph 4, if there are many albitrators designated under the latter paragraph, one ol thenr at ieast shall be a national ofa third State and shall act as President ofthe Arbitral Tribunal.

o.

'j-lle A-rbitral Tribunal shall determine its own procedure 7.

Subject to the final decision of the Arbitral Tribunal, ttre Contracting Parties shall bear in equal proportion the cost of arbitration.

8.
8.

The Contracting Parties shall comply wilh any provisional ruling or thc final decision of the Albitral Tribunai.

9.

If, arxl as long as, either Contracting Party fails to comply with a decision of the Arbitral 'liibrural given under this Article, the other Contracting Party shall limit, withhold or revoke any nghts or privileges which it has granted by virtue of the present Agreement to the Contracting Pany in default.
Articlc 18 : Consultations and amendments l. ln a spirit of close co-operation the aeronautical authorities of the Contracting Parties shall consult iiorn time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the Arrrex attached hereto and shall corsult whenever necessary to provide for modification to this Agreement or the Annex.

2.
2.

Either Contracting Party may request consultations which may be through discussions or by correspondence; these discussions shall begin within a period of thirty (30) days of the date of the request urless both Contracting Parties agree to an extension of this period.

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Any zunendment of this Ageement or its annex shall be effected by an exchzmge of Notes and shnll enter into force on such date as is provided for in the cxchange of Diplomalic Notes.
Article 19 : Termination of Agreement Ilither Contracting Party may at any time give notice, through dip.lomatic channel, to the other Contractir.rg Pafly of its decision to terminate tllis Agreement, such notice shall be simultaneously communicated to the Intemational Civil Aviation Organization.
In such case the Agreement shall terminate twelve (12) months after the date ofreceipt ofthe notice by the olher Contracting Party unless the notice to terminate is withdrawn by agreement before the expiry period.

In the absence of acknowledgement ofreceipt by the other Contracting Parry, notice shall be deerrred to have been received fourteen (14) days aftgr the receipt of the notice by the Intemational Civil Aviation Organization.
Article 20 : Registration of Agreement This Agreement and any subsequent amendments thereto shall be registered with the lntemational Civil Aviation Organization by the Contracting Parties.

Article 21 : Entry into force This Agreement shall enter into force provisionally from the date of its signatue, and shall pennanently come into force as soon as the two Contmcting Parties have notified each other by an exchange of Diplomatic Notes inflrlfilment of their respective constitutional requirements.
ln witness whereof the undersigned duly authorized by their respective govemments, have signed this Agreement.

Doire at Rabat orrMarch27h,2008 in duplicate original copies in Arabic and English languages.

Borh texts being equally authentic.

For the Government of the Republic of Sierra Leone tr'or the Government of the Kingdom of Morocco Minister of Foreign Affairs and Inlernational Cooperation Minister of Equipment and Transpofis Zainab Hawa BANGURA Karim GFIELLAB \ : & l!

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i a AI.INIIX ROUTES l. Routes for the airline(s) designated by the Government of the kingdorn of ilIorocco Points in Morocco : all points Intermediate points : out ofchoice Points in Sierra Leone I3eyond points : all points : cut ofchoice and vice versa 2.
Routes for the airline(s) designated by the Government of thc Republic of Sie rra Leone a Points in Sierra Leone : all points Intermediate points : out ofchoice Poinls in Morocco : all points Beyond points : out ofchoice and vice versa N.B: - Any point or all intermediate points and/or beyond points on the specified routes may, at the discretion of each airline, be omitted on any or all flights.
- The eventual exercise of fifth freedom traffic rights must be approved by the ae'roaautical anthorities ofthe two Contracting Parties 12 ,i it ',JN s s f( tl ti &lt ri ri .

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